MORE PICS & Video – Day 28 Altantuya Trial; 3rd NO-Sirul statement on Murder Spot; But Admissible statement disclosing jewellery Items in his Flat
ABOVE & BELOW: Malaysiakini double take on Day 29 Trial appeared at 12.14pm H E RE and another at 6.59 pm H E R E beating all the print & on-line media
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ABOVE: Daily Court ritual -Roweena & Mazlinda immense satisfaction in having a glimpse of Abdul Razak passing through (BELOW)
= == = == = = == = == = == =BELOW: The hooded ones on Day 29 Trial arriving
For the uninformed, "Datuk Abdullah Malim Baginda is the father of the 3rd accused Abdul Razak and the numbers 5787. 9885 are the plate number of the cars belonging to Abdul Razak ( as confirmed by his wife Mazlinda when approached by the press) mentioned in the A4 note found on Azilah
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Police Seize Sheet Of Paper, Bills From Azilah, Court Told
SHAH ALAM, Aug 2 (Bernama) -- A police officer told the High Court he found a sheet of paper containing some information and three mobile telephone bills in a blue bag on the desk of Chief Inspector Azilah Hadri, the first accused in the trial into the murder of a Mongolian woman, Altantuya Shaariibuu. ASP Zulkarnain Samsudin of the Criminal Investigation Department of the Kuala Lumpur Police Headquarters, the 23rd prosecution witness, said the sheet of A4-size paper had the following words written on it:
"Datuk Abdullah Malim Baginda, 22
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1 Another trial-within-a-trial allowed
2 Itemised telephone bills, notes seized from C/Insp Azilah's office
R. Surenthira Kumar and Maria J.Dass, SUN
SHAH ALAM (Aug 2, 2007): The High Court today allowed the defence to challenge Cpl Sirul Azhar Umar's statement and conduct in showing the police where he kept the Mongolian woman's jewellery. Justice Datuk Mohd Zaki Md Yasin said he was allowing the defence's application for a trial-within-a-trial in the interest of fairness. The request was made by Cpl Sirul's counsel Kamarul Hisham Kamaruddin yesterday. Kamarul had asked the court to decide if it should exclude two statements Sirul made to ASP Zulkarnain Samsudin (BELOW), based on the reasoning that these were obtained via improper or unlawful means.
The two statements in question are:
* "I can show you the jewellery belonging to the woman whom I shot in the jungle. I am keeping it in my home in Kota Damansara"; and
* Sirul Azhar told Zulkarnain: "I kept the jewellery in the jacket" when the jacket was being removed from the cupboard. Sirul also nodded and pointed to the jewellery (a pair or earrings, a Larmes watch and a ring) when Zulkarnain asked him (Sirul Azhar) if these were the items he was referring to.
Mohd Zaki said the Federal Court in the Francis Anthonysamy case readied a mechanism for the exclusion either via a trial within a trial or in substantive trial or both. "Although the decision was an obiter (mentioned in passing), for the purpose of fairness, the court will allow the trial within a trial to decide on the exclusion," he said. Earlier, DPP Tun Abdul Majid Tun Hamzah said the prosecution was objecting to the trial-within-a-trial as this was only employed for the purpose of admitting evidence and not otherwise. He and Abdul Razak Baginda's lawyer K.K.Wong said the statement in the Francis Anthonysamy case was obiter.
However, Kamarul said: "In Francis (Anthonysamy), Karpal argued that although there was no objection, it was still involuntary and that the caution under Section 112 of the Criminal Procedure Code (CPC) was not read. That breach amounted to giving the court a vested discretion to exclude it. "The essence in Francis is the principal of non-compliance to Section 112 of the CPC, thus unfair to the accused person," he said. Karpal Singh, who is holding a watching brief for Altantuya's family and the Mongolian government, said except in the case of Francis Anthonysamy, other highest court in the country has held there should be no trial-within-a-trial. "It is my submission that it is obiter," he said, of the judgement for the Francis case.
2 Itemised telephone bills, notes seized from C/Insp Azilah's office
SHAH ALAM (Aug 2, 2007): A blue sling bag containing three itemised telephone bills and a handwritten note were seized by the police team which inspected Chief Insp Azilah Hadri's office, a police officer told the Altantuya Shaariibuu murder trial today. ASP Zulkarnain Samsudin said the billing showed several unidentified numbers were dialled. He then read out those numbers. (In previous testimonies, some of the numbers read out had been identified as belonging to Altantuya, Abdul Razak Abdullah Baginda and private investigator P. Balasubramaniam.) In the other A4 size paper, the same telephone numbers and also that of an ASP Suresh were found handwritten on it.
Besides that, other handwritten details on the paper included:
* Abdullah Malim Baginda and address 22, Jalan Setiajaya,
* HO P1 50's
* Room 823, Hotel Malaya, Jalan Hang Lekir
* 5787, 9885
Zulkarnain said the check was carried out in Azilah's office in the Special Action Unit (UTK) in the federal police headquarters in Bukit Aman on
On Nov 13, Zulkarnain and his team escorted Abdul Razak to his office in Bangunan Lembaga Getah Asli
He said the notes in the pink paper read as 'Mr Razak please contact me 017 3992411 and Amin or Amina and handphone numbers 012 2132303 and 012 2409311'.
One of the note books had the words 'Team A Zone' on the cover while another depicted the sketch of a man riding a horse. Zulkarnain said all the items seized from Azilah and Abdul Razak's office were handed over to investigating officer ASP Tony Lunggan. Earlier, when the trial resumed after lunch, the anticipated proceedings for a trial-within-a-trial did not commence after DPP Tun Abdul Majid Tun Hamzah told the court that based on the ruling, it was appropriate for him to continue with the examination-in-chief before his witness was cross examined and re-examined prior to the start of the trial-within-a-trial. Judge Datuk Mohd Zaki Md Yasin agreed the trial-within-a-trial be held later after the parties were done with the witness. Later, during Tun Abdul Majid's examination-in-chief, Cpl Sirul's lawyer Kamarul Hisham Kamaruddin asked the court whether the cross-examination would be reserved until the end of the trial-within-a-trial, as the defence was calling some police witnesses to testify.
"I see no prejudice if the procedure is reversed. It's an unusual scenario because I am concerned about the sanctity of the testimonies that the witnesses will provide," said Kamarul Hisham. Tun Abdul Majid said Kamarul Hisham's statement is "very strong" and that his concerns were baseless as the court had to follow the procedure that is in place.
Mohd Zaki ordered the cross-examination be continued.
Azilah's lawyer Hazman Ahmad began asking Zulkarnain to give a detailed description of the Serious Crime Division (D9) office in the
The judge later instructed him to draw a sketch of the D9 office, when the trial adjourned to tomorrow.
= = == = = Karpal pissed off over remarks
SHAH ALAM (Aug 2, 2007): Karpal Singh, who is holding a watching brief for the Mongolian government and Altantuya Shaariibuu's family, lashed out at C/Insp Azilah Hadri's lawyer Hazman Ahmad for joking about his (Karpal's) principles.
ABOVE: Karpal Singh's anger at the tackless "obiter" remarks made by Hazman (BELOW right)
Hazman had during a chat in court with fellow counsels, including Karpal's colleague Daniel Abishegam yesterday afternoon said: "He (Karpal) has to be with us on this issue because this is what he said in Francis Anthonysamy. If he doesn't, then he has no principles and asks him to join Barisan Nasional." The Francis Anthonysamy case in which Karpal was defence lawyer was quoted during submissions on whether a trial-within-a-trial should be held. Karpal brought this up when submitting on whether a trial-within-a-trial should be held to determine if two statements by Cpl Sirul Azhar Umar should be excluded.
Hazman then said that this was a joke. He later apologised personally to Karpal during the break. However, Karpal who was clearly irked said: "A man's principles should not be joked about. I am national chairman of DAP and to say I should join BN ..." He added: "As professionals we should be careful about commenting about someone, especially behind their backs." Asked if he accepted Hazman's apology, Karpal said: "I told him ... you got to be careful. What he said was obiter (in passing)."
ABOVE & BELOW: The weight on defense counsel K K Wong (for Abdul Razak Baginda) is indeed heavy both in mind and the suitcases of paperwork to get through during this trial
What happened today (Day 29)
* Prosecution and defence submitted on whether a trial-within-a-trial should be held to determine admissibility of Cpl Sirul Azhar Umar's statements to the police.
* The judge later decided to allow the defence's application.
* After the lunch break, however, ASP Zulkarnain Samsudin from the Serious Crime Division of the
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Court Orders Trial-Within-A-Trial In Altantuya Murder Trial
SHAH ALAM, Aug 2 (Bernama) -- The defence in the Altantuya Shaariibuu murder trial was given the green light by the High Court here today to challenge Cpl Sirul Azhar Umar's statement and conduct in showing the police where he kept the Mongolian woman's jewellery. Justice Datuk Mohd Zaki Md Yasin said the court was allowing the defence' application for a trial-within-a-trial in the interest of fairness.
The trial-within-a-trial, to be held after ASP Zulkarnain Samsudin completes his testimony, is to determine whether Siru Azhar's statement to Zulkarnain that he could show where he kept the jewellery and his pointing to the jewellery could be excluded as evidence. His counsel, Kamarul Hisham Kamaruddin, contended that it should not be admitted on the ground that it is a statement leading to discovery under Section 27 of the Evidence Act 1950.
Yesterday, Zulkarnain testified that Sirul Azhar told him: "I can show the woman's jewellery. I kept it in my house in
Zulkarnain also testified that Sirul Azhar nodded and pointed to the jewellery and said: "These are her things".== = == = = =BELOW - Day 28 trial
ABOVE: Malaysiakini lead story on Day 28 Trial; details H E R E by Subscription
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Judge 3rd NO: to statement "this is where the Mongolian woman was blown up" but YES to "I can show you the jewellery belonging to the woman whom I shot in the jungle ... I am keeping it in my home in Kota Damansara."
1. Submissions on whether two statements by Sirul should excluded
2. Another dent in evidence
R. Surenthira Kumar and Maria J. Dass, from SUN
SHAH ALAM (Aug 1, 2007): The High Court here will tomorrow hear submissions on whether two statements made by murder accused Cpl Sirul Azhar Umar to ASP Zulkarnain Samsudin should be excluded as evidence. Judge Datuk Mohd Zaki Md Yasin said both parties can submit on whether there is a need for a trial within a trial for the purpose of exclusion of the statements only. Sirul Azhar's counsel Kamarul Hisham Kamaruddin had objected to the statement that Sirul Azhar had allegedly pointed to a black jacket in his cupboard which contained jewellery belonging to Altantuya.
He said: "We are against the statement 'I kept the jewellery in my jacket' and his alleged conduct of nodding and pointing with his fingers at the jacket (as depicted in police photographs) while saying '... these are her items ...'."
Kamarul: (ABOVE) I object to the statement "... these are her items ..." and the conduct of nodding and pointing with his fingers at the jacket. We would also ask for a trial within a trial to be held to enable this court to properly rule on the question of discretion to exclude. In the earlier instance, I was under the impression that the question of trial within a trial with regard to (Chief Insp Azilah Hadri's counsel) Hazman Ahmad's objection (on Azilah leading the police to the crime scene) will be postponed until evidence is produced to the crime scene and remains found at the crime scene. Mohd Zaki: I postponed Hazman's request earlier. (But) In this case the information is in consequence of the earlier information. Tun Abdul Majid objected to having a trial within a trial but Mohd Zaki said he would rule on this before cross-examination. Earlier, Zulkarnain had testified that Sirul Azhar had told him "I can show you the jewellery belonging to the woman whom I shot in the jungle ... I am keeping it in my home in Kota Damansara."
DPP Tun Abdul Majid Tun Hamzah(ABOVE) agreed that "we should delete this part 'whom I shot in the jungle'... that is confession." Kamarul: We object on the basis that it was involuntarily made. There is a part of the information that is adduced. By deleting the part, we are left with 'I can show you the jewellery of the woman I shot in the jungle which I am keeping in my house in Kota Damansara'. It is our contention that only the part which relates distinctly to the discovery of the fact is admissible. It is our argument that the phrase ' .. which I am keeping ...' does not lead to the discovery. The basis of our objection is to admit only the part that relates distinctly, not one word more. Tun Abdul Majid: The prosecution contends that the words '.... whom I shot ...' be disregarded. '... which I am keeping ...' should be admissible. If your Your Lord requires a full argument, we can do so tomorrow. Mohd Zaki then asked him whether this was the last part of his examination-in-chief, to which Tun Abdul Majid replied that there were other statements made in the house too.
Tun Abdul Majid asked the judge whether they should complete the testimony first, "otherwise there will be another round of objection". Kamarul persisted that the statement should delete the phrase "which I am keeping". Mohd Zaki then took a 20-minute break to read his notes. When he returned, he decided that the statement that "I can show you the jewellery (items) belonging to the woman whom I shot in the jungle ... which I am keeping in my home in Kota Damansara" was admissible.
2 Another dent in evidence
SHAH ALAM (Aug 1, 2007): The prosecution in the Altantuya Shaariibuu suffered yet another setback when the court today ruled as inadmissible the statement uttered by murder accused Cpl Sirul Azhar Umar to the police in the crime scene. Judge Datuk Mohd Zaki Md Yasin said the statement, "this is where the Mongolian woman was blown up", does not amount to 'conduct' under Section 8 of the Evidence Act. He made the oral decision when the trial resumed today after a one-day break yesterday. He earlier reviewed the submissions made by the prosecution and defence. Mohd Zaki said the prosecution submitted that the 'statement' made by Sirul Azhar did not come under Section 27 of the Evidence Act. "I find none, in the illustration of Section 8 (2) of the Evidence Act, to be an example of category of 'conduct' that fits with the circumstances in this case. "I am also unable to find anything in the Indian and local cases, particularly on the facts in this case, where the evidence adduced is undisputed." He said the prosecution sought to admit a 'statement' made by Sirul Azhar, in pointing out a spot as the alleged scene of crime, where the woman was allegedly blown up. Mohd Zaki said under Section 8's explanation number one, the word 'conduct' does not include statement unless such statement is accompanied by acts other than statement.
"At this stage, having heard the submission and read all cases which admitted evidence of conduct, such admission are of evidence conduct simpliciter," he added. After a brief recess, the trial resumed with DPP Tun Abdul Majid Tun Hamzah continuing with the examination-in-chief of ASP Zulkarnain Samsudin, from the Serious Crime Division (D9) of the
Sirul Azhar's lawyer Kamarul Hisham Kamaruddin raised the issue about the keys in the possession of Zulkarnain which were given to him by Chief Insp Koh Fei Cheow when they went to his client's flats. Kamarul said the Special Action Unit (UTK) commander had, in his testimony, said the set of keys was not one that was handed to him by Sirul Azhar when he went to bring him back from
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Prosecution fails to adduce evidence
This is the third time the prosecution has failed to adduce statements made by Cpl Sirul to the police relating to the crime as evidence in the high-profile case. On July 26, it failed to get the court to admit Sirul Azhar's information to the police disclosing the location where Altantuya was murdered.
Mohd Zaki expunged the information adduced through Chief Insp Kamaroszaman Othman after ruling that it was a statement and not within the ambit of Section 8 of the Evidence Act. The court on July 10 also threw out Sirul Azhar's alleged confession to the crime.
What happened today (Day 28)
* Judge Datuk Mohd Zaki Md Yasin ruled as inadmissible Cpl Sirul Azhar Umar's statement to police when he led them to the crime scene.
* Prosecution witness ASP Zulkarnain Samsudin continues his testimony after the ruling. He will continue with cross-examination today (Thursday).
= = == = = = == = == = == = = =and Bernama's accounts
Sirul Kept Altantuya's Jewellery In His Black Jacket - Witness
SHAH ALAM, Aug 1 (Bernama) -- Cpl Sirul Azhar Umar, second accused in the Altantuya Shaariibuu murder trial, led police to the discovery of the Mongolian woman's jewellery which he kept in his black jacket at his house in Kota Damansara, the High Court heard today. ASP Zulkarnain Samsudin, 34, an officer with the D9 serious crime division of the
He then took out a wrist watch, a ring and a pair of earrings from his jacket pocket, he said. Pointing to the items, Sirul said: "These are her things." Zulkarnain said Sirul made the revelation when he and C/Insp Koh Fei Cheow interviewed him on Nov 7. "After Sirul disclosed the information, I lodged a police report in my office at ," he said during examination-in-chief by lead prosecutor Tun Abdul Majid Tun Hamzah on the 28th day of the trial.
ABOVE: The personal belongings of Altantuya recovered and BELOW: Sirul's black jacket from which the items were taken out
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Bomb Unit Called To Check Sirul Azhar's House
SHAH ALAM, Aug 1 (Bernama) -- The High Court here was today told that a team from the Police's Bomb Disposal Unit (BDU) was asked to make checks at Cpl Sirul Azhar Umar's house following certain revelations made by the second accused in the Mongolian part-time model Altantuya Shaariibuu murder trial. The prosecution's 23rd witness, ASP Zulkarnain Samsudin, who continued with his testimony today, Day 28 of the trial, said that he had contacted the unit for help to check Sirul's house following information gathered from Sirul Azhar during his interview with the latter at his office (Zulkarnain's) office on Nov 7.
Zulkarnain, 34, from the
Political analyst Abdul Razak Abdullah Baginda, 47, is charged with abetting them.
= = == = == = =failed for the third time to adduce statements made by Cpl Sirul Azhar Umar to the police relating to the crime as evidence in the high-profile case. This time, the High Court rejected Sirul Azhar's statement made to the police team when he was brought to the crime scene in Puncak Alam on Nov 6 last year, disclosing where the body of the Mongolian woman was blasted. The prosecution's 23rd witness, ASP Zulkarnain Samsudin told the court last week that Sirul Azhar had gone to the crime scene in Puncak Alam with a police party and had uttered the words:
"Saya boleh tunjuk tempat perempuan itu diletupkan." (I can show where (ABOVE)the woman was blasted) Counsel Kamarul Hisham Kamarudin, for Sirul Azhar, objected to the admissibility of the statement but deputy public prosecutor Tun Abdul Majid Tun Hamzah said the evidence was admissible under section 8 of the Evidence Act as it only revealed Sirul Azhar's conduct. Justice Datuk Mohd Zaki Md Yasin today ruled Sirul Azhar's statement inadmissible as it was not a conduct under section 8. Sirul Azhar, 36, and Chief Insp Azilah Hadri, 31, both of the Bukit Aman Special Action Force, are charged with murdering Altantuya, 28, in Mukim Bukit Raja between 10pm on Oct 19 and 1am on Oct 20 last year while political analyst Abdul Razak Abdullah Baginda, 47, is accused of abetting them. In rejecting the statement, Mohd Zaki said: "The DPP submitted that the statement made by the second accused was not under section 27 of the Evidence Act. Rightly so, the police had discovered the crime scene. "In this case, the statement by the accused person was accompanied by his act of pointing to the crime scene.
The evidence adduced was undisputed that the second accused said and pointed to the crime scene when the police took him to the crime scene. "Under section 8, the word conduct does not include statement unless statement is accompanied by acts other than statement. At this stage, having heard the submissions and read all cases which admitted evidence of conduct, such admission are of evidence conduct simpliciter. "I find nothing in the illustrations of section 8 to be an example of the category of conduct that fits with the circumstances of this case. "On the facts of the case today,
I'm not prepared to consider the statement as conduct under section 8 and therefore the statement is inadmissible." On July 26, the prosecution failed to get the court to admit Sirul Azhar's information to the police disclosing the location where Altantuya was murdered. Mohd Zaki expunged the information adduced through Chief Insp Kamaroszaman Othman after ruling that it was a statement and not within the ambit of Section 8 of the Evidence Act. The court on July 10 also threw out Sirul Azhar's alleged confession to the crime.
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Court Rules Sirul Azhar's Testimony As Inadmissible
SHAH ALAM, August 1 (Bernama) -- The Shah Alam High Court Wednesday ruled as inadmissible corporal Sirul Azhar Umar's statement disclosing the spot where Mongolian Altantuya Shaariibuu was blasted
= = == =Watch Video Clip (1 min 40 s) - Day 28 Trial
being edited and loading latter, sorry no time
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=and the shocking N E W S - high & dry no petrol after 10 pm proposal
Dealers Endorse Move To Close Petrol Stations At
KUALA LUMPUR, Aug 1 (Bernama) -- Petrol station owners attending the annual general delegates conference of the Petrol Dealers Association of Malaysia (PDAM) here today, endorsed a resolution for members to operate their stations for only 15 hours a day, from 7am to 10pm. PDAM deputy president Datuk Zulkifli Mokti, however, said a date had yet to be set for its implementation.
"We hope to be able to make a decision on the date soon, after holding negotiations with the Domestic Trade and Consumer Affairs Ministry," he told reporters when met after the conference. He said the step was taken in the interests of members who were now facing escalating costs apart from security risks in operating round-the-clock.
Zulkifli said the members were concerned about the safety of workers at petrol stations because robberies at them often occurred at night. The electricity tariff increase from 0.288 sen a unit to 0.32 sen a unit had also adversely affected their margins, he said, adding that it was further compounded by banks making them shoulder the commission for purchases using credit cards. It became worse when fuel prices rose and as such the dealers agreed that this cost aspect should be passed on to consumers, he said.
Asked about the ramifications of doing that, Zulkifli said: "Initially it will come as a shock, but consumers must understand the burden faced by petrol station operators and furthermore in other sectors, it is the norm for consumers to pay the charges.
On Alang Zari Ishak being dismissed as the PDAM's president at the meeting today, he said the decision was taken after 51 of 65 members voted for his removal for allegedly failing to champion the association's interests. Zulkifli added that the meeting also agreed that the self-service concept be extended nationwide.
In an immediate response to the development, the Federation of Malaysian Consumers Associations (Fomca) and the Malaysian Muslim Consumers Association voiced their objection to the move to have petrol stations operating for only 15 hours a day. In statements faxed to Bernama, the two associations described the move as tantamount to threatening the government and urged PDAM to withdraw its decision.